Shockency v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 6/26/2019 AWARDING Attorney Fees. (York, M)

1 McGREGOR W. SCOTT
United States Attorney
2 DEBORAH LEE STACHEL, CSBN 230138
3 Regional Chief Counsel, Region IX
Social Security Administration
4 MARCELO ILLARMO, MABN 670079
5 Special Assistant United States Attorney
160 Spear Street, Suite 800
6
San Francisco, California 94105
7 Tel: [phone]
Fax: [phone]
8 E-mail: [e-mail]
9 Attorneys for Defendant
10 Jonathan O. Peña, Esq.
11 CA Bar ID No.: 278044
Peña & Bromberg, PLC
12 5740 N. Palm Avenue, Suite 103
13 Fresno, CA 93704
Telephone: [phone]
14 Facsimile:866-282-6709
15 [e-mail]
Attorney for Plaintiff, Josiah Shockency
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
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19 JOSIAH SHOCKENCY,
Plaintiff,
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v.

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ANDREW SAUL,1
23 Commissioner of Social Security,
Defendant.
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Case No. 2:17-cv-2427-EFB
STIPULATION AND [PROPOSED]
ORDER FOR THE AWARD OF
ATTORNEY FEES UNDER THE EQUAL
ACCESS TO JUSTICE ACT (EAJA)
28 U.S.C. § 2412(d)

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Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a party

26 pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security Act, 42 USC 405(g)
27 (action survives regardless of any change in the person occupying the office of Commissioner of
Social Security).

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TO THE HONORABLE EDMUND F. BRENNAN, MAGISTRATE JUDGE OF

2 THE UNITED STATES DISTRICT COURT:
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The Parties through their undersigned counsel, subject to the Court’s approval,

4 stipulate that Plaintiff be awarded attorney fees in the amount of SIX THOUSAND,
5 TWO HUNDRED DOLLARS and 00/100 ($6,200.00) under the Equal Access to
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Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for all
legal services rendered on behalf of Plaintiff by counsel in connection with this civil
action, in accordance with 28 U.S.C. § 2412(d).
After the Court issues an order for EAJA fees to Plaintiff, the government will
consider the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to
Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability
to honor the assignment will depend on whether the fees are subject to any offset
allowed under the United States Department of the Treasury’s Offset Program. After

15 the order for EAJA fees is entered, the government will determine whether they are
16 subject to any offset.
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Fees shall be made payable to Plaintiff, but if the Department of the Treasury

18 determines that Plaintiff does not owe a federal debt, then the government shall cause
19 the payment of fees, expenses and costs to be made directly to counsel, pursuant to the
20 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff’s
21 counsel, Jonathan O. Peña.
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This stipulation constitutes a compromise settlement of Plaintiff’s request for

23 EAJA fees, and does not constitute an admission of liability on the part of Defendant
24 under the EAJA. Payment of SIX THOUSAND, TWO HUNDRED DOLLARS and
25 00/100 ($6,200.00) in EAJA attorney fees shall constitute a complete release from, and
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bar to, any and all claims that Plaintiff and Plaintiff’s attorney, Jonathan O. Peña, may
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have relating to EAJA attorney fees in connection with this action.
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1

This award is without prejudice to the rights of Plaintiff’s attorney to seek Social

2 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause
3 provisions of the EAJA.
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Respectfully submitted,

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Dated: June 24, 2019

/s/ Jonathan O. Peña
JONATHAN O. PEÑA
Attorney for Plaintiff

Dated: June 24, 2019

McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By:
/s/ Marcelo Illarmo*
MARCELO ILLARMO
Special Assistant U.S. Attorney
Attorneys for Defendant
(*Permission to use electronic signature
obtained via email on 6/20/19).

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19 SO ORDERED.
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DATED: June 26, 2019.

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